Legal Opinion

Loehner v. Simons

Appellate Division of the Supreme Court of the State of New York

Decided February 20, 1996Published

1Opinion of the Court

—In an action to recover damages for medical malpractice, the defendant Southampton Hospital appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated June 15, 1995, as, upon renewal, denied its motion pursuant to CPLR 3025 (b) for leave to amend its answer.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

We agree with the appellant’s contention that allowing it to amend its answer would result in no prejudice to the plaintiff. However, the court’s denial of the appellant’s motion, while…

2Cases cited4 opinions

  1. Branch v. Abraham & Strauss Department StoreAppellate Division of the Supreme Court of the State of New York · 1995
  2. Goldner Trucking Corp. v. Stoll Packing Corp.Appellate Division of the Supreme Court of the State of New York · 1960
  3. Barry v. Niagara Frontier Transit System, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
  4. Jimenez v. Shippy Realty Corp.New York Supreme Court · 1994

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